News & Analysis as of

Americans with Disabilities Act (ADA) Equal Employment Opportunity Commission (EEOC) Pre-Employment Health Screenings

U.S. Equal Employment Opportunity Commission...

Telecare Sued by EEOC for Disability Discrimination

Mental Health Provider Rejected Qualified Applicant Due to Disability, Federal Agency Charges - SEATTLE – Mental health and psychiatric treatment provider Telecare Mental Health Services of Washington, Inc. violated...more

Payne & Fears

The EEOC Continues to Update Guidance on Returning to Work Pandemic-Prepared

Payne & Fears on

The EEOC continues to update its pandemic preparedness guidance regarding the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other Equal Employment Opportunity laws in the wake of COVID-19. The guidance...more

Mintz - Employment Viewpoints

Updated: EEOC Issues ADA and Title VII Guidance for Employers on COVID-19

This post has been updated to reflect additional guidance issued by the U.S. Equal Opportunity Employment Commission ("EEOC") on April 9, 2020. The EEOC has provided employers with supplemental guidance on navigating the...more

ArentFox Schiff

Federal Agency Sues Hospital Over Late Career Practitioner Policy

ArentFox Schiff on

On Tuesday, February 11, 2020, the Equal Employment Opportunity Commission filed a complaint against Yale New Haven Hospital alleging that the hospital’s Late Career Practitioner Policy violates both the Age Discrimination in...more

U.S. Equal Employment Opportunity Commission...

Reliable Staffing to Pay $25,000 and Change Hiring Policy to Resolve EEOC Discrimination Finding

Staffing Firm Used Unlawful Means to Screen Out Applicants With Disabilities, Federal Agency Charged - INDIANAPOLIS - Reliable Staffing, an Indianapolis staffing firm, will pay $25,000 and furnish other relief to...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Walmart for Discriminatory Hiring Practices at Oklahoma Distribution Center

 Retail Giant Refused to Allow Job Applicant to Take Pre-Hiring Physical Assessment Test Due to Obvious Disability, Federal Agency Charged - ST. LOUIS - Wal-Mart Stores East, LP violated federal law when it declined a job...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Rogers Behavioral Health for Disability Discrimination

Residential Health Facility Rescinded Employment Offer When a Drug Screen Revealed an Applicant's Legally Prescribed Medication - MILWAUKEE - An Oconomowoc, Wis., inpatient residential health facility violated federal law...more

Foley & Lardner LLP

Bashful Bladders Bring Problems for Employers

Foley & Lardner LLP on

The ever-evolving legal landscape surrounding marijuana legalization has in recent years continued to cloud the waters with respect to workplace drug testing programs. However, beyond the complex issue of whether employers...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Appalachian Wood Products, Inc. For Disability Discrimination

Employer Made Unlawful Medical Inquiries and Refused to Hire Applicants Based on Disability, Federal Agency Charges - JOHNSTOWN, Pa. - Appalachian Wood Products, Inc., a Clearfield, Pa.-based major supplier of cabinet...more

U.S. Equal Employment Opportunity Commission...

JBS Carriers Sued by EEOC For Disability Discrimination

Trucking Company Improperly Screened Out Applicants On The Basis of Disability Federal Agency Charges - DENVER - Trucking firm JBS Carriers, based in Greeley, Colo., violated federal law by using pre-employment screening...more

Holland & Hart - Employers' Lawyers

Asking Employees About Prescription Medicine Use

As an employer, you may be tempted to ask your employees what prescription medications they use and whether their prescription drugs could affect their ability to perform their job. After all, you want to identify any...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Citgo Petroleum Corporation For Disability Discrimination

Lemont Refinery Withdrew Job Offer After Discovering Applicant Had Vision Impairment, Federal Agency Charges - CHICAGO -- Citgo Petroleum Corporation violated federal law when it withdrew a job offer from an applicant...more

U.S. Equal Employment Opportunity Commission...

Amsted Rail to Pay $4.4 Million After Court Ruled It Used Discriminatory Hiring Practices

Denying Employment Based on Carpal Tunnel Screening Was Unlawful, Court Ruled - ST. LOUIS - Amsted Rail Co., Inc., a leading manufacturer of steel castings for the rail industry, will pay $4.4 million and furnish other...more

U.S. Equal Employment Opportunity Commission...

Strataforce Settles EEOC Disability Discrimination Lawsuit

Company Required Applicants to Complete an Unlawful Pre-Offer Health Questionnaire, Federal Agency Charged - INDIANAPOLIS -- Strataforce, a staffing firm with offices in California, Indiana, North Carolina, and South...more

U.S. Equal Employment Opportunity Commission...

All Star Priority Staffing Sued by EEOC For Disability Discrimination

Phoenix Staffing Agency Subjected Applicants to Invasive Pre-Offer Medical Questionnaire And Screened Applicants on the Basis of Their Responses, Federal Agency Charges - PHOENIX - All Star Priority Staffing, LLC, a...more

Davis Wright Tremaine LLP

EEOC Issues Proposed Wellness Regulations: Time for Another Check-Up

The Equal Employment Opportunity Commission (EEOC) has finally issued proposed regulations under the Americans with Disabilities Act (ADA) regarding wellness programs. The proposed regulations amend existing regulations and...more

Patterson Belknap Webb & Tyler LLP

Get Healthy (Or Else?): The EEOC Proposes New Rules to Define When Participation in an Employer Wellness Program Is “Voluntary”

Under Title I of the Americans with Disabilities Act (“ADA”), employers aren’t allowed to discriminate against workers based on health status. Under the ADA, employers can, however, ask workers for details about their health...more

Franczek P.C.

EEOC Issues Proposed Rule on Wellness Programs and the ADA

Franczek P.C. on

The Equal Employment Opportunity Commission (EEOC) has released its long-awaited proposed rule providing guidance on the application of the Americans with Disabilities Act (ADA) to employer-sponsored wellness programs....more

Sherman & Howard L.L.C.

Will EEOC’s New Wellness Regs Make You Sick?

The EEOC has broadcast proposed regulations on wellness programs. In short, the proposed regs attempt to reconcile Obamacare provisions encouraging wellness programs, the ADA’s approval of medical examinations that are truly...more

McAfee & Taft

Despite settlement, EEOC continues and expands discrimination investigation

McAfee & Taft on

At this point, employers have become all too familiar with the new, aggressive enforcement agenda of the Equal Employment Opportunity Commission. The agency’s systemic initiative to root out alleged discriminatory employment...more

U.S. Equal Employment Opportunity Commission...

Seed and Fertilizer Providers to Pay $187,500 for Genetic Information and Disability Discrimination

Class of Job Applicants Was Subjected to Illegal Medical Exams and Family Medical History Inquiries, EEOC Charged - SAN DIEGO, Calif. - Three Southern California seed and fertilizer providers - All Star Seed, Inc., La...more

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